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Section 11 Covenant for repayment of discount on disposalF1C1C2

England and Wales

(1)

Where on a disposal of a house by a registered social landlordF2... a discount has been given to the purchaser, F3... the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.

(2)

The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment.

(3)

The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

(4)

The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house by the landlord.

(5)

But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

(6)

Subsections (3) to (5) are subject to section 11A.

Annotations

Textual amendments

F1

Ss. 11-11B substituted for s. 11 (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(1), 270(3)(a) (with s. 199(3))

F2

Words in s. 11(1) omitted (15.8.2018) by virtue of Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), s. 19(2), Sch. 2 para. 6(a); S.I. 2018/777, art. 3(g)

F3

Words in s. 11(1) omitted (15.8.2018) by virtue of Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), s. 19(2), Sch. 2 para. 6(b); S.I. 2018/777, art. 3(g)

Modifications

C1

Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

C2

Ss. 11-12 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Notes on Part I

Textual amendments

F1

Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F2

Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications

C1

Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

Notes on Chapter II

Textual amendments

F1

Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Notes on Requirements relating to land transactions

Textual amendments

F1

Words in s. 9 cross-heading substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), s. 19(2), Sch. 2 para. 4; S.I. 2018/777, art. 3(g)